ORISSA STATE ROAD TRANSPORT Vs. SHANKAR SAHU

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act by the employer against the judgment and order of the Second Motor Accidents claims Tribunal, Sambalpur, awarding Rs. 55,650/ - as compensation to the claimant -respondent for the permanent disability suffered by him in an accident, and the question that arises is as to whether the Tribunal could award a higher compensation than that awardable under the Workmen's Compensation Act.

(2.) THE facts: The respondent was a bus driver of the appellant - Corporation. According to the case of the respondent, on 6 -11 -1979 he was to take a bus of the appellant Corporation from Deogarh to Bamra. When he was asked to take the bus in question, he noticed some defects in the headlight, break system, etc. But be was directed to take that very bus. Unfortunately, the bus met with an accident near a bridge, where there was a stiff curve of 90 degrees as it went beyond the control due to the defective brake. As a result of the accident, the respondent suffered various injuries including two fractures, one in the clavicle and the other in the left forearm. He accordingly filed a claim case before the Tribunal claiming Rs. 1,50,000/ - as compensation.

(3.) EVIDENCE was adduced on behalf of both the parties. On appreciation of the evidence, the Tribunal recorded a finding that the accident was more due to the mechanical defect in the bus than due to the negligence of the claimant. Therefore, this was a case of contributory negligence. He, however, took the view that the contributions of the organisation and the claimant were in equal measures.